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Demand MMWD Directors Reject Misleading Resolution about P.T. Director's Health Insurance
Support CO$T's Demand that MMWD Directors Reject False, Misleading Resolution That Claims CA Law Requires MMWD to Fund Part-Time Directors' Health Insurance
CO$T sent the objection letter below demanding that Marin Municipal Water District Directors vote AGAINST a resolution before them tonight (7:30M, 11/17) falsely claiming that the law mandates MMWD provide health insurance to these part-time Directors at public expense
CO$T urges you to send a letter to MMWD Directors and General Manager TODAY supporting our demand:
ckoehler@marinwater.org
lbragman@marinwater.org
aquintero@Marinwater.org
lrussell@marinwater.org
jgibson@marinwater.org
bhorenstein@marinwater.org
You may also attend the meeting via Zoom and express your opinion during public comment on agenda item 8 (PDF page 76). MMWD's instructions for attending and commenting are as follows:
To participate online, go to https://zoom.us/j/93550979704. You can also participate by phone by calling 1-699-900-9128 and entering the webinar ID#: 935 5097 9704.
To watch the meeting live on YouTube, click here.
During the public comment periods, the public may comment by clicking the “raise hand” button on the bottom of the Zoom screen; if you are joining by phone and would like to comment, press *9 and we will call on you as appropriate.
You may also submit your comments in advance or during the meeting by emailing them to BoardComment@MarinWater.org. Emailed comments on informational items will be provided to the board and posted on MMWD's website. Emailed comments on approval items will be read aloud at the meeting prior to the board taking action on the item, and posted on MMWD's website.
CO$T OBJECTION LETTER Re Resolution No. 8592 – Director Health Insurance Payments(Sent to MMMWD Directors and General Manager November 17, 2020):
To the Directors:
The Coalition of Sensible Taxpayers protests the false and misleading resolution that is being presented to the MMWD Board at its November 17, 2020, meeting, namely Resolution No. 8592. The resolution purports that the law requires MMWD to pay Board members the full cost for their purchase of family medical insurance up to a statutory maximum. The resolution is buried on page 76 of the 121-page agenda.
The resolution falsely states that California Government Code Sec. 22892 (b) requires MMWD to make these payments.
In fact, Government Code Sec. 22892 applies only to employees and annuitants. Board members are neither. The entire text of Government Code Sec. 22892 is attached.
We urge you as directors representing ratepayers to reject this factually incorrect and legally problematic resolution. Without having any legitimate legal support, passing this resolution would be a grave impropriety and a clear case of self-dealing.
We further urge you to introduce a resolution ending MMWD’s practice of paying for the health insurance of part-time independent Directors, which is an inappropriate expenditure of ratepayer funds and contrary to the prevailing practice of virtually all other Marin public agencies. It is especially egregious for health insurance payments be provided to – and accepted by -- directors eligible for Medicare.
RESOLUTION NO. 8592
FIXING THE EMPLOYER CONTRIBUTION AT AN EQUAL AMOUNT FOR BOARD MEMBERS UNDER THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT
WHEREAS, (1) Marin Municipal Water District is a contracting agency under Government Code Section 22920 and subject to the Public Employees' Medical and Hospital Care Act (the "Act"); and WHEREAS, WHEREAS, RESOLVED, RESOLVED, RESOLVED, RESOLVED, (2) Government Code Section 22892(a) provides that a contracting agency subject to Act shall fix the amount of the employer contribution by resolution; and (3) Government Code Section 22892(b) provides that the employer contribution shall be an equal amount for board members, but may not be less than the amount prescribed by Section 22892(b) of the Act; and (a) That the employer contribution for each board member {700 Non-PERS Board of Directors) shall be the amount necessary to pay the full cost of his/her enrollment, including the enrollment of family members in a health benefits plan up to a maximum of $935.84 per month with respect to board member enrolled for self alone,$1,871.68 per month for board member enrolled for self and one family member, and $1,871.68 per month for board member enrolled for self and two or more family members, plus administrative fees and Contingency Reserve Fund assessments; and be it further (b) Marin Municipal Water District has fully complied with any and all applicable provisions of Government Code Section 7507 in electing the benefits set forth above; and be it further (c) That the participation of the employees and annuitants of Marin Municipal Water District shall be subject to determination of its status as an "agency or instrumentality of the state or political subdivision of a State" that is eligible to participate in a governmental plan within the meaning of Section 414(d) of the Internal Revenue Code, upon publication of final Regulations pursuant to such Section. If it is determined that Marin Municipal Water District would not qualify as an agency or instrumentality of the state or political subdivision of a State under such final Regulations, CalPERS may be obligated, and reserves the right to terminate the health coverage of all participants of the employer. (d) That the executive body appoint and direct, and it does hereby appoint and direct, The Human Resources Manager to file with the Board a verified copy of this resolution and to perform on behalf of Marin Municipal Water District all functions required of it under the Act. Adopted at a regular meeting of the Board of Directors at Corte Madera, CA, this 17th day of November, 2020.
Adopted at a regular meeting of the Board of Directors at Corte Madera, CA, this 17th day of November, 2020.
Signed: __________________________ President, Board of Directors
Attest: ___________________________ Secretary to the Board
California Government Code § 22892
(a)The employer contribution of a contracting agency shall begin on the effective date of enrollment and shall be the amount fixed from time to time by resolution of the governing body of the agency. The resolution shall be filed with the board and the contribution amount shall be effective on the first day of the second month following the month in which the resolution is received by
the system.
(b)(1)The employer contribution shall be an equal amount for both employees and annuitants, but may not be less than the following:
(A)Prior to January 1, 2004, sixteen dollars ($16) per month.
(B)During calendar year 2004, thirty-two dollars and twenty cents ($32.20) per month.
(C)During calendar year 2005, forty-eight dollars and forty cents ($48.40) per month.
(D)During calendar year 2006, sixty-four dollars and sixty cents ($64.60) per month.
(E)During calendar year 2007, eighty dollars and eighty cents ($80.80) per month.
(F)During calendar year 2008, ninety-seven dollars ($97) per month.
(2)Commencing January 1, 2009, the employer contribution shall be adjusted annually by the board to reflect any change in the medical care component of the Consumer Price Index and shall be rounded to the nearest dollar.
(c)A contracting agency may, notwithstanding the equal contribution requirement of subdivision
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